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NDTV
20-05-2025
- Politics
- NDTV
"Courts Cannot Intervene Unless...": Chief Justice's Big Remark On Waqf Law
New Delhi: There is a presumption of constitutionality in legislation that clears Parliament and courts cannot interfere unless a glaring case is made out, Chief Justice of India BR Gavai told the petitioners challenging the Waqf Amendment Act today. The bench of Chief Justice Gavai and Justice AG Masih was hearing a bunch of petitions challenging the Waqf Amendment Act, which became a law last month. Earlier, the court had earmarked three issues -- Waqf by user, nomination of non-Muslims to Wakf Council and state Waqf Boards and identification of government land under Waqf. The Centre had then assured that it would act upon these counts till the matter was resolved. When the court met today, Solicitor General Tushar Mehta said that the Centre had filed its response on these three counts. "However, the written submissions of the petitioners now extend to several other issues. My request is to confine it to the three issues only," he said. Senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for the petitioners, objected to this. "The then CJI (Sanjiv Khanna) said we will hear the case and see what interim relief has to be granted. Now we cannot say confine to three issues." Mr Singhvi said there cannot be a "piecemeal hearing". Mr Sibal said the Act is aimed at capturing Waqf lands. "The law is designed in such a way that Waqf property is taken away without following any process." He also pointed to the condition that only a person practising Islam for at least five years can create a Waqf. "If I am on my deathbed and I want to make a Waqf, I have to prove that I have been a practising Muslim. This is unconstitutional," he said. As Mr Sibal reiterated that the law was aimed at taking over Waqf properties, the Chief Justice said, "There is a presumption of Constitutionality in legislation passed by Parliament. Courts cannot interfere unless a glaring case is made out, especially in the current scenario, we don't need to say more." Mr Sibal said that under the new law, any village panchayat or a private individual can raise a grievance and the property ceases to be Waqf. "The government officer will decide it and will be a judge in his own cause. No questions asked." "Please remember that Waqf is about my property. It is only a property owned by someone and it cannot be of the State. Now that very property is taken away," he said.
India Gazette
15-05-2025
- Politics
- India Gazette
Supreme Court to hear pleas challenging the Waqf Act on May 20
New Delhi [India], May 15 (ANI): The Supreme Court on Thursday said it would hear a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, on May 20 for interim relief. A Bench comprising the Chief Justice of India, BR Gavai and Justice AG Masih will consider whether an interim relief of stay is required in the case. The previous bench, headed by the then CJI Sanjiv Khanna, had said it would consider three issues for interim relief- de-notifying Waqf properties, whether they are Waqf by user or Waqf by deed, nominating non-Muslims to the Wakf Council and State Waqf Boards, and identifying government land under Waqf. The apex court on Thursday said that, in the meantime, the assurance given by Solicitor General Tushar Mehta that the Central government would not implement the provisions of the Act, would continue. Solicitor General Tushar Mehta, representing the Centre, had assured the apex court that the key provisions of the Waqf Act, including provisions on de-notifying Waqf properties, inclusion of non-Muslims in the Central Waqf Council and Waqf Boards, and identification of government land under Waqf, will not be given effect to for some time. The Solicitor General of India also assured that no appointments will be made to the Wakf Council or Waqf boards. During the hearing, Solicitor Mehta said that the Centre has filed a detailed response in the petitions challenging the constitutional validity of the Waqf Act. Adjourning the matter, the bench said, 'We will be considering the issue of interim relief only on Tuesday (May 20).' A batch of petitions challenging the Act was filed before the apex court, contending that it was discriminatory towards the Muslim community and violated their fundamental rights. Six Bharatiya Janata Party-ruled states had also moved the apex court in the matter, in support of the amendment. President Droupadi Murmu gave her assent on April 5 to the Waqf (Amendment) Bill, 2025, which was earlier passed by Parliament after heated debates in both Houses. The central government filed its preliminary affidavit in the Supreme Court to seek dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, arguing that the law was not violative of the fundamental rights guaranteed under the Constitution. The Centre, in its affidavit, had said the amendments are only for the regulation of the secular aspect regarding the management of the properties and hence, there was no violation of the religious freedoms guaranteed under Articles 25 and 26 of the Constitution. The central government had urged the court not to stay any provisions of the Act, saying that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and would decide the matter finally. It had said that taking away the statutory protection to a Waqf-by-user does not deprive a person of the Muslim community to create a Waqf. (ANI)
New Indian Express
15-05-2025
- Politics
- New Indian Express
Supreme Court to hear pleas challenging constitutional validity of Waqf Amendment Act on May 20
NEW DELHI: The Supreme Court on Thursday said that it would hear a batch of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, on May 20. SC will consider whether an interim order is required or not on three major issues - waqf by user, nomination of non-Muslims to Wakf Council and Boards, and identification of government land under wakf. The two-judge bench of the apex court, led by the Chief Justice of India (CJI) Bhushan Ramkrishna Gavai, however, clarified that it would not consider hearing on May 20 any petition challenging the validity of the Wakf Act, 1995, by Hindu parties while considering the need for passing any interim order. The top court on Thursday extended the earlier order till May 20 on the assurance given by the Solicitor General (SG) Tushar Mehta, senior law officer of the Centre, that no waqf properties, including those established by user, would be identified. He assured that no appointments to the Central Waqf Council or State Waqf Boards would be made under the 2025 Act, till May 20. Mehta also told the Supreme Court that he has filed a detailed response and affidavit on the three issues identified by the apex court in the Waqf case.
